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MATTER OF GROSSMAN v. RANKIN

78 Misc.2d 490 (1973)

In the Matter of Arthur A. Grossman, Petitioner-Plaintiff, and John M. Gerity et al., on Behalf of Themselves and All Others Similarly Situated, Intervenors-Petitioners-Plaintiffs, v. J. Lee Rankin, as Corporation Counsel of the City of New York, et al., Respondents-Defendants.

Supreme Court, New York County.

August 27, 1973

Attorney(s) appearing for the Case

Arthur Grossman, petitioner-plaintiff in person. John Gerity, intervenor-petitioner-plaintiff in person. Norman Redlich, Corporation Counsel (Edward J. Mallon and Elliot Press of counsel), for respondents-defendants. Julian A. Jackson for Civil Service Bar Association, amicus curiae.

ARNOLD L. FEIN, J.

In this article 78 proceeding and action for declaratory judgment, respondents move (1) to renew a prior application to dismiss, (2) for dismissal and (3) pursuant to CPLR 3212 for summary judgment.

Before passing upon the objections raised by petitioners as to the propriety of the procedural vehicle utilized by respondents and the contentions of the respective parties as to the merits...

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